## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-93,096-01

EX P ARTE EMIR ORTIZ, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20170D02908-34-1 IN THE 346TH DIST RICT COURT

F ROM EL P ASO COUNTY

Per curiam . O R D E R A p plicant pleade d g uilty to ag g rava ted kidnapping (count I ), ag g rava ted assault w it h a d e a d ly

wea pon (count I I ), family -vi o l en ce assault by impeding brea thing or circ ulation (count I I I ), and continuous family violence. Applicant orig inally rec eived defe rre d adjudication and was place d on community supervision. Applicant’s defe rre d status was adjudicate d, and he was sentenc ed to thirty y ear s’ imprisonment on eac h of the four counts, to run conc urre ntly . Applicant did not appea l his convictions. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cle rk for

war ded it to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that his thirty -y ear sentenc es for counts I I , I I I , and I V are illega l and that counsel was ineffe ctive for failing to object when the trial judge imposed those2

sentenc es. Applicant has alleg ed facts t hat, i f t rue, mi gh t en t i tle him to relief

. Ex parte Pue , 552 S.W .3d 226, 228 (Tex. Crim. App. 2018); Ex parte Parrott , 396 S.W .3d 531, 534 (Tex. Crim. App. 2013); Strickland v. W

ashington , 466 U.S. 668 (198 4 ). According ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claims

. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I t appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hear ing, it shall deter mine i f Ap p l i cant is repr esente d by counsel, and if not, whether Applicant is indige nt. I f Applicant i s indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent Applicant at the he aring

.. See T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s sentenc es were ill eg al, i ncluding whether the t rial j u dg e’s pronounced sentence (s) is/ are corr ectly ref lected in the judge ments adjudicating g uilt. The trial court shall also make specific finding s and conclusions as to whether trial counsel’s perf ormanc e was defic ient and Applicant was prejudice d. The trial court may make any other finding s and conclusions that it de ems appropr iate in re sponse to Applicant’s cla ims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed fin d ings and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.3

Filed: Oc tober 20, 2021 Do not publish